DHANPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS have filed present writ petition requesting therein that a writ in the nature of mandamus be issued commanding the Principal, District Institute of Education and Training, Burhanpur, District J.P. Nagar to consider the candidature of petitioners and permit them to undertake Special BTC Training Course -2008. The clam of petitioners is that they have applied for Special BTC Training Course-2008, but their candidature is not being accepted for the simple reason that Adhikari Pariksha Certificates obtained by them is not being treated as a recognized certificate. The petitioners submit that this view is unjustifiable view. PETITIONERS' contention is that certificate which is in their favour is equivalent to High School certificate under the provisions of Chapter XIV Regulation 2 (30), and therefore, the same is equivalent to High School Examination conducted by Madhyamik Shiksha Parishad, as such same cannot be discarded. The petitioners have placed reliance on two orders passed by this Court: (i) order dated 03.11.2008 passed in Civil Misc. Writ petition No.59943 of 2006, Satya Pal Singh vs. State of U.P. and others, wherein this Court has asked the authority concerned to consider the argument advanced on behalf of the petitioner; (ii) order dated 06.02.2009 passed in Civil Misc. Writ petition No.6556 of 2009, Subhash Singh and another vs. State of U.P. and others, wherein this Court has asked the Principal, District Institute of Education and Training to take a reasoned decision. None of the aforesaid two orders/judgments adjudicate any question. Merely because the Madhyamik Shiksha Parishad, U.P. Allahabad has recognised the certificate issued from Gurukul University, Vrindavan, District Mathura as equivalent to High School certificate under Chapter XIV Regulation 2 (30), for the purposes of appearing in Intermediate Examination, that does not ipso facto means that the said certificate has to be accepted by all means. Representation filed by petitioners clearly exposes them, as admittedly they have passed their High School examination from Madhyamik Shiksha Parishad , U.P. at Allahabad and based on the marks awarded therein,their name was not falling in the merit list of Special BTC Course 2007. Now in Special BTC Course-2008, petitioners are not relying on certificates and mark sheets of High School, passed from Madhyamik Shiksha Parishad, U.P. at Allahabad, rather they have come up with certificates of High School (Adhikari Pariksha) from Gurukul University, Vrindavan, Mathura, and requesting that said certificates be accepted. PETITIONERS have deliberately did not disclosed the respective year when they have passed their High School examination and what prompted them to pass regular High School examination as well as Adhikari Pariksha, and as to whether law permits appearance in such equivalent examination, and using such certificates as per their convenience. Consequently, in the facts of this case, on admitted position, this Court refuses to interfere. Resultantly, the writ petition, as has been framed and drawn, is dismissed.